Infinity pool fencing laws are 'crazy' and 'stupid', industry claims

Water wise: Steve Devine watches his son Nathan, 7, swim in their infinity pool, which doesn't meet the new standard. Photo: Wolter Peeters

A new rule requiring infinity pools to be fenced to prevent children climbing up over the invisible edge of pool walls has been described as "crazy", "stupid" and "illogical" by the pool industry.

NSW's $31 million infinity pool industry has come to a standstill because of a change in the building code that said "out of the ground pool wall" (the wall of the pool where the water appears to disappear) of a minimum height of 1.2 metres could no longer be considered an effective barrier.

NSW is the only place not just in Australia, but in the world, that deems these pool walls to be illegal.

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One Sydney council insisted on fencing the base of six-metre high pylons, to stop children from climbing up to enter an infinity pool that jutted out over a cliff face.

The state government said the new rule would "align with the policy and intent of the Swimming Pools Act and Regulation," the new fencing regime to reduce backyard drownings.

Strathfield real estate agent Steve Devine believes the new pool rules are "a ticking time bomb."

His infinity pool is surrounded by 1.2 metre to 1.3 metre high slippery glass walls. The only access is via childproof gates that can only be opened from the inside by somebody tall enough to reach over.

When Mr Devine's family built their new home four years ago, it was designed so the edge of the infinity pool overlooked the family's tennis court. "We complied with all the requirements four years ago. Had we known the rules would change, we would have designed a different pool. But I don't believe our children would be any safer than they currently are."

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Infinity pool fencing laws are 'crazy' and 'stupid', industry claims